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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33719
Experience:  Attorney for over 15 years, landlord 26 years
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I was unable to pay my rent on time for the month of

Customer Question

I was unable to pay my rent on time for the month of September I didn't receive a court date. About 11:00pm a letter was put on the door saying we was bending evicted the next morning. A payment was made to cover the rent and sheriff eviction crew but a $33 fee that was added to the payment make a over payment and the payment came back. I need to know what's next now
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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Did the landlord give you a written notice to pay rent or vacate?

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Were you ever served by the sheriff or constable with a summons to go to court for an eviction case?

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Have you called the court to see if there actually was a case against you in court?

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Who put the letter on your door saying you would be evicted and when was this? Yesterday?

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thanks

Barrister

Customer: replied 2 months ago.
It's in the state of Maryland, the landlord did not give a letter at all until the letter of eviction, No we were not served by a sheriff or no letter was put on the door by a sheriff to appear in court. No I did not call the courts. Not sure who put the note on the door do to the time it was put on the door I guess it was one of the maintenance crew
Expert:  barristerinky replied 2 months ago.

Ok, this sounds like a bluff to me because in order for the landlord to legally be able to evict you, he has to go through the courts and get a formal judgement of eviction. The sheriff would serve you with a summons to come to court and have an opportunity to defend.

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Further, before the landlord can even file an eviction action in court, he has to give you or post on the door a 5 day notice to pay or vacate and give you at least 5 days after posting or delivering for you to pay the full rent and any late fees. Until he does that, he can't file a court eviction.

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So this sounds like the landlord is just trying to scare you into thinking he actually filed an eviction when he didn't.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 2 months ago.
OK thank you Sir
Expert:  barristerinky replied 2 months ago.

You are very welcome. Happy to help any time.

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And you might want to call down to the local court house to confirm what I suspect in that no legal eviction case has been filed...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister